No, You Can't Opt Out Of Capital One's E-Mails, Ever

What’s an account-related message from your company, and what’s marketing? Kevin, the subject of this week’s Red Tape Chronicles column, wants to know, because he’d like Capital One to stop sending him advertisements for their products. Capital One claims that he can’t opt out, since the marketing pitches are “account management communications.” Right.

Sullivan writes:

Few would argue that credit card firms have the right to e-mail account statements or other notices to customers. But the e-mail to which Kevin objected strains the definition of “account communications.”

The e-mail offered Kevin a chance to transfer balances to his Capital One card at a teaser rate of zero percent for 12 months. At the bottom of the e-mail, the firm stakes its claim that the notice isn’t spam.

“This e-mail was sent to (you) and contains information directly related to your account with us,” it says.

Sullivan notes that these e-mails are akin to the convenience checks that credit card companies send in order to encourage customers to transfer balances, and are probably more secure, but that doesn’t make them any less annoying.

What do you think? Are e-mails like this really account communications, or marketing?